Law Commons^™

Cookie Monster: Balancing Internet Privacy With Commerce, Technology And Terrorism, Nichoel Forrett

Touro Law Review

No abstract provided.

2003-2004 Supreme Court Term: Another Losing Season For The First Amendment, Joel M. Gora

Touro Law Review

No abstract provided.

The Internet Of Things: Building Trust And Maximizing Benefits Through Consumer Control, Julie Brill

Fordham Law Review

The Internet of Things is one of the fastest growing facets of a world that is becoming more data intensive. Connecting cars, appliances, and even clothing to the internet promises to deliver convenience, safety, and, through analysis of the torrent of additional data generated, potential solutions to some of our most intractable problems. But turning on this data flood also creates privacy and security risks for consumers, challenging us to consider how to apply basic privacy principles to the Internet of Things. A wide range of stakeholders—technologists, lawyers, industry leaders, and others—has a role to play in meeting this challenge.

The Bias Of Neutrality: An Examination Of A Congressman's Motivations On The Issue Of Network Neutrality, Harrison Beau Bryant

e-Research: A Journal of Undergraduate Work

The United States Congress is an institution that, especially in recent times, is continuously faced with more modern and complex problems. The political dilemma surrounding the issue of network neutrality is a perfect example of a highly complex and technical problem that members of Congress have been forced to think about and act on. Because use of the Internet has now been almost entirely integrated into American society, with nearly 80% of the U.S. population connected in one way or another, the Internet's priority as a subject of legislation has seen a meteoric rise in Congress (data.worldbank.org; opencongress.org). In fact, …

Voice Over Internet Protocol: An International Approach To Regulation, Jimar Sanders

Georgia Journal of International & Comparative Law

No abstract provided.

The Anti-Competitive Music Industry And The Case For Compulsory Licensing In The Digital Distribution Of Music, Ankur Srivastava

Touro Law Review

No abstract provided.

How Much Spam Can Can-Spam Can?: Evaluating The Effectiveness Of The Can-Spam Act In The Wake Of White Buffalo Ventures V. University Of Texas, Fay Katayama

Touro Law Review

No abstract provided.

Reviving Implied Confidentiality, Woodrow Hartzog

Indiana Law Journal

The law of online relationships has a significant flaw—it regularly fails to account for the possibility of an implied confidence. The established doctrine of implied confidentiality is, without explanation, almost entirely absent from online jurisprudence in environments where it has traditionally been applied offline, such as with sensitive data sets and intimate social interactions.

Courts’ abandonment of implied confidentiality in online environments should have been foreseen. The concept has not been developed enough to be consistently applied in environments such as the Internet that lack obvious physical or contextual cues of confidence. This absence is significant because implied confidentiality could …

How Should The Past Inform The Future? Reviewing Regulating Internet Gaming: Challenges And Opportunities, Keith C. Miller

UNLV Gaming Law Journal

No abstract provided.

Technology Drives The Law: A Foreword To Trends And Issues In Techology & The Law, Ralph D. Clifford

University of Massachusetts Law Review

Technology has always been a motivating force of change in the law. The creation of new machines and development of novel methods of achieving goals force the law to adapt with new and responsive rules. This is particularly true whenever a new technology transforms society. Whether it is increasing industrialization or computerization, pre-existing legal concepts rarely survive the transition unaltered - new prescriptions are announced while old ones disappear.

Determining The Location Of Injury For New York's Long Arm Statute In An Infringement Claim, Stefan Josephs

Touro Law Review

No abstract provided.

The Communication Decency Act Gone Wild: A Case For Renewing The Presumption Against Preemption, Ryan J.P. Dyer

Seattle University Law Review

Since its inception, the Internet has disseminated the most vital commodity known to man—information. But not all information is societally desirable. In fact, much of what the Internet serves to disseminate is demonstrably criminal. Nevertheless, in the effort to unbind the “vibrant and competitive free market” of ideas on the Internet, Congress enacted section 230 of the Communications Decency Act, which essentially grants immunity to interactive computer service providers from liability for information provided by a third party. This Comment suggests that, in certain contexts, courts applying section 230 immunity should reexamine the preemptive effect Congress intended section 230 to …

Responding To Independent Juror Research In The Internet Age: Positive Rules, Negative Rules, And Outside Mechanisms, Robbie Manhas

Michigan Law Review

Independent juror research is an old problem for jury trials. It invites potentially prejudicial, irrelevant, and inaccurate information to guide jury decisionmaking. At the same time, independent juror research compromises our adversarial system by preventing parties from responding to all the evidence under consideration and obfuscating the record on which the jury’s decision is made. These threats have only increased in the internet age, where inappropriate sources of information are ubiquitous and where improper access is hard to detect. Nevertheless, courts and parties continue to engage in the same inhibitory measures they have employed for decades. This Note argues for …

Forget Me, Forget Me Not: Reconciling Two Different Paradigms Of The Right To Be Forgotten, Lawrence Siry

Kentucky Law Journal

In May of 2014, the Court of Justice of the European Union handed down its decision in the case of Google Spain SL v. Agencia Española de Protección de Datos. This landmark decision ignited a firestorm of debate over the "right to be forgotten": the right of users to withdraw information about themselves available on the internet. With concerns about the restriction of the freedom of expression on the internet, many commentators have criticized the decision as unworkable and dangerous. Others have recognized continuity in the development of privacy and data protection jurisprudence within the European courts. Meanwhile in …

Jurisdictional Limits Of In Rem Proceedings Against Domain Names, Michael Xun Liu

Michigan Telecommunications & Technology Law Review

In 1999, Congress passed the Anticybersquatting Consumer Protection Act (ACPA) to combat “cybersquatters” who profited by registering domain names that were confusingly similar to established trademarks. Under the ACPA, trademark owners have a specific cause of action against domain name registrants accused of cybersquatting. Moreover, the law gives U.S. courts in rem jurisdiction over trademark infringing domain names registered to parties that are not subject to personal jurisdiction. Over the past decade, proceeding in rem against domain names has proven to be an effective strategy for trademark owners. While many companies have used the ACPA against cybersquatters, others have relied …

Online Legal Advice: Ethics In The Digital Age, Paige A. Thomas

St. Mary's Journal on Legal Malpractice & Ethics

The rise of the Internet changed the way initial interactions between lawyers and prospective clients happen. Unfortunately, a host of problems concerning privacy rights and consumer usage have emerged. In this digital age, where immediacy and response time are driving factors in an attorney’s online presence, the approach to establish an attorney-client relationship is far more informal. Due to the quick rise of the Internet and social media, the Model Rules of Professional Conduct do not offer a clear answer for attorneys using social media. An inherent danger lies in off-the-cuff remarks, made on the Internet—a platform generally associated with …

America Off-Line: A Look At The Applicability Of The Americans With Disabilities Act On Streaming Digital Media And The Internet, Sean Pope

Loyola of Los Angeles Entertainment Law Review

In 2012, the National Association for the Deaf brought suit against Netflix for violating the Americans with Disabilities Act (“ADA”) by not captioning their streaming ondemand video content. The National Association for the Deaf won at the District Court level and Netflix has since settled the case. However, this case brought to the forefront the widening split between those Circuit Courts of Appeal which do not feel the ADA applies to online businesses, and those Circuits which believe that the ADA does apply to online businesses. One problem that complicates the analysis is the distinction and applicability of the ADA …

Adapt Or Die: Aereo, Ivi, And The Right Of Control In An Evolving Digital Age, Johanna R. Alves-Parks

Loyola of Los Angeles Entertainment Law Review

The advent of the Internet has had a great effect on the production, distribution, and consumption of television programming. The Supreme Court granted certiorari to ABC, Inc. v. Aereo, Inc. and will now review the issue of unlicensed digital distribution of copyrighted programming in its Spring 2014 term. This Comment will first briefly examine the origins and interconnection between television and digital media, culminating in a discussion of the repercussions of allowing unlicensed over-the-top retransmissions of network broadcast programming to continue to stream over the Internet. It will then examine the decisions in WPIX v. IVI, Inc., ABC, Inc. v. …